Tribhuvan University
2059
LLM/II year/LAW Full Marks: 100
Constitutional Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
Attempt any SIX questions.
1. Define and discuss the concept of “State” as interpreted by court for the purpose of enforcement of fundamental rights.
2. “Right to clan and healthy air is a part of right to life” substantiate the statement with Nepalese and Indian case laws.
3. His majesty’s government wants to introduce sweeping land reform in Nepal. But be feels that any disclosure of such policy measure would lead to preemptive move by land owners to dispose off the excess land and make the government effort meaningless. He is therefore interested to freeze all the land transactions until the land reform bill is enacted into an Act. He calls you as a trusted constitutional advisor and wants you to answer the following questions. Give answers supported by reasons.
a) Can HMG freeze the land transactions all over the kingdom of Nepal by cabinet decision or not?
b) If not, can the government declare emergency and then issue an executive order (through cabinet decision) freezing all the land transaction?
c) Can the Government Issue land reform ordinance right away to effect amendment in land law?
d) Will it be discriminatory to introduce ceiling in agricultural land alone? Is it necessary introduce ceiling in urban property also to meet the requirement of right to equality?
4. British ex-Gorkha soldiers have filed public interest litigation in Supreme Court. In the petition they alleged that the British government has deliberately discriminated the Gorkha soldiers in payment of pensions and other benefits. They have alleged that HMG has not been taking up the cause with British Government. They have therefore demanded mandamus against the government to negotiate and take all other necessary stops to procure the equal benefits to ex-Gorkha soldiers in terms of pensions and other benefits.
* The petitioner argued that His Majesty is under a constitutional duty to protect preserve and promote the interest of Nepalese citizens outside Nepal. Hence a writ of mandamus should lie against the government.
* The Attomey-General argued that there is no specific constitutional or legal provision imposing a duty on the government to do the things demanded by the petitioners. The government has been taking the matter through diplomatic channel. This is a matter concerning foreign affairs, hence the writ of mandamus should not be issued against the government.
* You as a judge of the Supreme Court of Nepal has been called upon to decide the case. Give your judgement with reasons. Don’t forget to explain the writ of mandamus and the conditions for its issue by the court.
5. The Prime Minister of not is interested in solving problem of Maoism through radical socio-economic reforms and drastic police actions. He has been warned that much of his actions would be unconstitutional and would be declared void by Supreme Court. He is frustrated by constitutional and legal impediments for his revolutionary programs. He is contemplating the possibility of imposing emergency in the near future. He however is not sure as to what would be the effect on fundamental rights by such declaration of emergency. He has therefore called you to brief him about the impact of emergency on fundamental rights of the citizens of Nepal. Kindly brief him in detail. Tell him clear5ly as to what rights can be suspended and what not. How it is going to help the government in taking emergency actions.
6. Write short notes on following FOUR topics:
a. Concept of eminent domain
b. Right to religion and conversion
c. Pre-conditions of public interest litigation
d. Right to assemble peaceably and without arms
e. Differences between fundamental rights and directive principles of state policy.
7. Discuss the modern treads ad developments in Nepal and abroad in the field of civil liberty.
8. Explain the right to legal aid and legal representation under the constitution of Nepal, 2047.
Tribhuvan University
2062
LLM/II year/LAW Full Marks: 100
Constitutional Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
Attempt any SIX questions.
1. What do you mean by civil liberty? Does it differ from fundamental rights? Can you enforce your civil liberty against private parties? Discuss.
2. The government is interested in providing reservation quota form socially and educationally backward class in the areas of education and employment. But he is not sure how to go about it. Advise as a constitutional expert.
a) What is the maximum limit of reservation quota?
b) What should be the criteria for identification of socially and educationally backward class?
c) Can government introduce reservation quota through executive decision alone?
d) What should government do to avoid controversy in introducing reservation quota in Nepal?
3. Right to property is subject to police power and eminent domain of the state. Compare and contrast the police power and eminent domain of the state as the only limitations in right to property. Do you think Advocate Mithilesh Kumar Singh et.al. vs. Rt. Hon Prime Minister et.al. was rightly decided in the above context? Give reason for answer.
4. “Procedure prescribed for deprivation of life or personal liberty has to be fair, reasonable and just.” Discuss the above statement in the contex of Menaka Gandhi vs. Union of India case.
5. What are the grounds of the issue of the writ of mandamus and certiorari? Discuss and evaluate their importance in the context of ensuring good governance in Nepal.
6. What do you mean by laches in writ petitions? What are the grounds of laches in writ petitions?
7. “Right to clean and healthy air is a part of right to life.” Substantiate the statement with the help of Nepalese and Indian case laws.
8. Write short note on any TWO topics given below:
a) Concept of secularism in the context of Nepal and tell us whether Nepal is a secular state?
b) Double jeopardy under the constitution of the kingdom of Nepal 2047 B.S.
c) What do you mean by right against self-incrimination? Is it recognized by our constitution?
d) Explain the right to legal aid and legal representation under the constitution of the kingdom of Nepal 2047 B.S.
Tribhuvan University
2065
LLM/II year/LAW Full Marks: 100
Constitutional Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
1. What is the definition of state? What are the tests of a state? Explain and also tell us whether the followings fall within the definition of state or not?
a) A company where the government hold majority shares.
b) A company where the government does not hold majority shares.
c) A non-governmental organization engaged in social welfare activities.
d) A company which has been contracted out by Nepal government of collect taxes on behalf of a district development committee.
e) A g village development committee.
f) A government corporation.
g) Nepal airline corporation established by an Act.
2. “Right to life does not man animal existence alone. It means much more than that. “elaborate the statement with the help of the Nepalese and Indian case laws.
3. “Freedom of opinion and expression is the bedrock of democracy. Its limitation id defined by the constitution. “Discuss the content of the freedom and test of reasonable restrictions as interpreted in India and Nepal in the context of above statement.
4. Right to property is subject to ‘police power’ and ‘eminent domain’ of the state. Tell us which of these powers police powers are and which of these powers are eminent domain. Give reason to support your answer.
a) Police confiscates all the goods of footpath shopkeepers and prosecutes them for obstructing right of way.
b) Department of archaeology demolishes all those buildings inside ancient monument protection zone which were built without obtaining prior approval of department of archaeology.
c) Government of Nepal acquires the land in Tinkune ofr building traffic island.
d) Nepal Rastra Bank takes over the management of a commercial depositors and shareholders of the bank.
5. What do you mean by extra-ordinary jurisdiction of the Supreme Court? Discuss the writs issued b the Supreme Court under this jurisdiction and their purposes. Explain.
6. Discuss the trends of public interest litigation in Nepal. Do you think the court is exceeding its limits? Give your assessment on the basis of land mark PIL cases.
7. Discuss the modern trends and developments of civil liberty in Nepal and abroad in the field of civil liberty.
8. Write short notes on any THREE of the followings:
a) Right against double jeopardy
b) Right against ex post facto law
c) Right against self incrimination
d) Positive discrimination
e) Due process of law.
